FAQ
What is First Drafts?
First Drafts™ is a generative artificial intelligence program that creates a first draft of
litigation documents. Generative artificial intelligence uses probabilistic predictions
based on patterns in the data and information you provide it to prepare a response. In
other words, First Drafts is similar to a calculator, one that converts text into numbers and
uses statistics to infer or “estimate” what a first draft of a litigation document would look
like based on the information provided.
How is First Drafts different from other legal drafting AI systems?
Currently, most other legal drafting AI systems are designed to generate transactional
documents (i.e., contracts, leases, etc.) and/or edit transactional documents directly. First
Drafts addresses the complex and dynamic needs of litigation attorneys by preparing a
first draft of litigation documents based on the facts of the user’s case and examples of
the attorney’s prior work product to closely replicate the user’s style of writing. The
resulting first draft is a computerized “estimation” of what the user would have drafted
had they done so manually, but produced in a matter of minutes rather than hours.
How is First Drafts™ different from other AI systems?
First Drafts™ is a state-of-the-art AI designed and trained to prepare a first draft of
litigation documents for review by attorney-users. Other consumer-grade chatbots such as
ChatGPT are designed to be “creative” and more variable with their answers to perform a
variety of general tasks, such as story writing or making up cooking recipes. They are
thus generally not suited for intricate legal tasks that require accuracy and precision.
Furthermore, consumer-grade chatbots are often offered at low- or no-cost, in exchange
for the contractual right to train their AI on the user’s inputs and data. For attorneys, most
of your data is attorney-client privileged and highly confidential, and use of consumer-
grade chatbots may waive privilege or violate an attorney’s duty of confidentiality under
the rules of professional conduct. First Drafts, by contrast, does not train on your data and
maintains industry-standard enterprise encryption and privacy practices.
Does using First Drafts™ break attorney-client privilege or violate my duty of confidentiality?
No. The information you provide to First Drafts™ is not seen by another human. Upon
submitting a query, your encrypted data travels to an isolated server where the system
performs the generative inference (probabilistic calculations). The data and information
are then sent back to you without any human involvement or review. In that manner, First
Drafts™ is similar to an attorney’s document cloud database with appropriate security
protections, albeit with a substantially more complicated programming architecture.
First Drafts™ prepared an excellent litigation motion. May I submit the motion to the court without reading it and making any edits?
No. First Drafts™ is not a licensed attorney. The first draft of your litigation document is
generated based on a complex statistical program that may produce errors. As the
licensed attorney, you are ultimately responsible under the applicable rules of
professional conduct for the information provided to the court. You should treat the
litigation document generated by First Drafts™ as a document prepared by an unlicensed
member of your support staff, such as a legal assistant or paralegal, and always review
for accuracy and make appropriate edits of the generated document.
What should I expect from First Drafts™ when it prepares a document?
Depending on how complex your litigation document is, users should experience on
average 60%-70% reduction in drafting time for simpler motions, 30%-40% for longer,
more complex documents. First Drafts™ is meant to lay the groundwork for your
arguments and help you frame your motions; a user should always review citations and
factual information for accuracy and completeness.
The court I am practicing before requires disclosing the use of artificial intelligence. Is First Drafts™ covered by the court?
It depends. First Drafts™ is based on an artificial intelligence (“AI”) program using the
generative pre-trained transformer architecture, similar to consumer-grade products such
as ChatGPT and Bard. However, unlike ChatGPT or other consumer-grade AIs, First
Drafts™ operates in an isolated environment away from the broader internet and is
unable to access legal research databases or other publicly-available information, and
thus cannot conduct legal research. Certain courts require disclosure of the use of AI if
used in legal research only, while other courts require disclosing the use of AI generally.
If the court order expressly and exclusively requires AI disclosure for legal research, the
use of First Drafts™ is likely not prohibited by the order because First Drafts does not
conduct any legal research.
The court I am practicing in front of prohibits the use of artificial intelligence. Is First Drafts™ covered by this court order?
Most likely. The definition of “artificial intelligence” can be inexact and broad, but the
court’s prohibition on the use of AI is likely in response to recent high-profile stories
where lawyers improperly used a consumer-grade AI – which is designed to write haikus
and chocolate cake recipes – to do complex legal work. While First Drafts™ is especially
programed to do litigation drafting, the basis of the technology is the same and there is
still a small, non-zero chance of First Drafts™ generating false or incomplete
information. The spirit of such an order is to prohibit such non-zero possibility, even if it
is a rather extreme Luddite reaction that discounts the tangible benefits of AI producing a
first draft of a litigation document.
I am an attorney providing not-for-profit legal services to an underserved community. Can I access First Drafts™ at a discount rate?
Yes! So long as you use First Drafts™ exclusively for the provision of not-for-profit
legal services to an underserved community with legal needs, you may access First Drafts
for free for a period of up to 1 year and thereafter at a discounted subscription rate. Please
contact support@firstdrafts.ai to see if you qualify for the First Drafts Pro Bono Program.